Pippa Posted June 29, 2006 Report Share Posted June 29, 2006 Hi Everyone,I am very confused at the moment ...I was under the impression that whilst living in Australia on a SIR (495) Visa, one can apply for a Skilled Independent Visa (136). I however received information this morning that one cannot apply for any other visa whist being on a SIR (495) Visa.My husband and I were thinking of applying for a SIR (495) Visa through South Australia on my qualifications and skills. My husband will only be admitted as a solicitor early 2007 and we will only be able to apply for a Skilled Independent Visa (136) once he is admitted, as he cannot claim the 60 SOL points before actual admission as a solicitor. In order to get quicker into Australia, we thought that SIR (495) Visa will be ideal if Immigration SA is willing to sponsor us. Based on the fact that the SIR (495) Visa takes approximately 6 months to process, we thought that we will go to Australia once the SIR (495) Visa is approved and then apply for a On-Shore Skilled Independent Visa (136).Was I living in a dream world to think that the above was possible? I tried to obtain more information on this, but had no joy. Is there anyone out there that can give me some guidance?Any help will be appreciated!Pippa! Quote Link to comment Share on other sites More sharing options...
Miss Piggy Posted June 29, 2006 Report Share Posted June 29, 2006 Hi Everyone,I am very confused at the moment ...I was under the impression that whilst living in Australia on a SIR (495) Visa, one can apply for a Skilled Independent Visa (136). I however received information this morning that one cannot apply for any other visa whist being on a SIR (495) Visa.My husband and I were thinking of applying for a SIR (495) Visa through South Australia on my qualifications and skills. My husband will only be admitted as a solicitor early 2007 and we will only be able to apply for a Skilled Independent Visa (136) once he is admitted, as he cannot claim the 60 SOL points before actual admission as a solicitor. In order to get quicker into Australia, we thought that SIR (495) Visa will be ideal if Immigration SA is willing to sponsor us. Based on the fact that the SIR (495) Visa takes approximately 6 months to process, we thought that we will go to Australia once the SIR (495) Visa is approved and then apply for a On-Shore Skilled Independent Visa (136).Was I living in a dream world to think that the above was possible? I tried to obtain more information on this, but had no joy. Is there anyone out there that can give me some guidance?Any help will be appreciated!Hi PippaSoos ek dit het mag jy vir 136 aansoek doen wanneer mens op 457 is in Oz. Jy moet net uit Oz gaan vir 'n paar dae om die 136 te aktiveer. Daar is 'n hele "discussion" daaroor in die forum, as jy bietjie afscroll sal jy dit sien (457 na Pr)Hoop ek kon help! Baie sterkte en hoop om julle vinnig in Oz te sien!Pippa!Hi PippaSoos ek dit het mag jy vir 136 aansoek doen wanneer mens op 457 is in Oz. Jy moet net uit Oz gaan vir 'n paar dae om die 136 te aktiveer. Daar is 'n hele "discussion" daaroor in die forum, as jy bietjie afscroll sal jy dit sien (457 na Pr)Hoop ek kon help! Baie sterkte en hoop om julle vinnig in Oz te sien!HelgaOoops! Het die verkeerde knoppie gedruk met vorige reply...Sorry! Quote Link to comment Share on other sites More sharing options...
Pippa Posted June 29, 2006 Author Report Share Posted June 29, 2006 Hi Helga, Dankie vir die antwoord, maar ek verwys na die SIR (495) Visa en nie die 457 Visa nie. Ek hoop iemand gaan my kan antwoord.Nogmaals dankie.Pippa Quote Link to comment Share on other sites More sharing options...
Cindylou Posted June 29, 2006 Report Share Posted June 29, 2006 Hi PippaI do know that the holder of a 495 can only apply for PR after two years; I must admit that when you first broached the idea I thought that in your case it might be different as you are the primary applicant for the the 495 and your husband is the primary applicant for 136.Unless there's a super boffin on the forum who can confirm one way or the other I would suggest you get professional advice on this one as I'd hate you to make a decision based on incorrect information. Good luckCindy Quote Link to comment Share on other sites More sharing options...
Pippa Posted June 29, 2006 Author Report Share Posted June 29, 2006 Hi CindyLou,Thank you. I am very confused and I don't see any mention anywhere where it is mentioned that one is not allowed to apply for another visa while on a SIR (495) Visa. This is the information I received:... the rules state that while you are here on the 495 you can not apply for any other visas.Have a great day!Pippa Quote Link to comment Share on other sites More sharing options...
JJV Posted June 29, 2006 Report Share Posted June 29, 2006 Hi PippaDon't despair. Have a look at this BE link and this BE second linkRegards Quote Link to comment Share on other sites More sharing options...
Annette Posted June 30, 2006 Report Share Posted June 30, 2006 Pippa, sover ek weet kan jy nie vir 'n ander visa aansoek doen as jy hier is op die SIR visa nie. Definitief nie die onshore 136 nie. Jy moet 2 jaar wag voor jy kan aansoek doen vir PR en dan moet die staat jou weer sponsor daarvoor en jy moet nog 2 jaar bly. As jou man vroeg 2007 toegelaat gaan word, is dit mos nie veel langer om te wag nie? PR kan nogal 'n verskil maak in mens se lewe hier - ek kan bv. glad nie vir werk aansoek doen by enige "public sector", "defence", of universiteite hier nie (daar is 'n paar ander ook), wat 'n groot probleem vir my is ... ook sal PR beteken dat julle kan gaan waar ookal julle werk kry, i.p.v. om net in Adelaide te mag bly.... Quote Link to comment Share on other sites More sharing options...
Cindylou Posted June 30, 2006 Report Share Posted June 30, 2006 Hi PippaI am very confused and I don't see any mention anywhere where it is mentioned that one is not allowed to apply for another visa while on a SIR (495) Visa.Try this link - they state there the conditions under which you can apply for a Permanent Residence Visa BUT I couldn't find anything about the "secondary" applicant applying for PR, which is why I suggested that you get professional advice. If you do managed to find an official answer then let us know, Good luck, Cindylou Quote Link to comment Share on other sites More sharing options...
Pippa Posted July 3, 2006 Author Report Share Posted July 3, 2006 Hi Everyone,I received the following response on Overseas Emigration: I cannot see why you can’t do this. I have just checked an SIR grant letter and visa label and it does not say anything about this restriction there. In my opinion you can apply for a 136 while on a 495. The only difficulty would be leaving the country to have the visa evidenced, contact me on richard@my-oe.comI will however try to get a confirmation from a registered migration agent and will keep you updated.Thanks for all the replies!Pippa Quote Link to comment Share on other sites More sharing options...
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